Google’s announcement that it will include in its search database the full text of books from five of the world’s leading research libraries has provoked newspaper editorials, public debates, and two lawsuits. Some of this attention can be attributed to public fascination with any move taken by Google, one of the most successful companies in the digital economy. The sheer scale of the project and its possible benefits for research have also captured the public imagination. Finally, the controversy over copyright issues has been fueled by Google’s willingness to pursue this ambitious effort not with standing the opposition of the publishing industry and organizations representing authors.

Much of the press coverage, however, confuses the facts, and the opposing sides often talk past each other without engaging directly. This article will attempt to set forth the facts and review the arguments in a systematic manner. Although both sides have strong legal arguments, the article concludes that the applicable legal precedents support Google’s fair use position

The Google Book Search project (formerly the Google Print project) has two facets: the Partner Program (formerly the Publisher Program) and the Library Project. Under the Partner Program, a publisher controlling the rights in a book can authorize Google to scan the full text of the book into Google’s search database. In response to a user query, the user receives bibliographic information concerning the book as well as a link to relevant text. By clicking on the link, the user can see the full page containing the search term, as well as a few pages before and after that page. Links would enable the user to purchase the book from booksellers or the publisher directly, or visit the publisher’s website. Additionally, the publisher would share in contextual advertising revenue if the publisher has agreed for ads to be shown on their book pages. Publishers can remove their books from the Partner Program at any time. The Partner Program raises no copyright issues because it is conducted pursuant to an agreement between Google and the copyright holder.

Under the Library Project, Google plans to scan into its search database materials from the libraries of Harvard, Stanford, and Oxford Universities, the University of Michigan, and the New York Public Library. In response to search queries, users will be able to browse the full text of public domain materials, but only a few sentences of text around the search term in books still covered by copyright. This is a critical fact that bears repeating: for books still under copyright, users will be able to see only a few sentences on either side of the search term – what Google calls a “snippet” of text. Users will not see a few pages, as under the Partner Program, nor the full text, as for public domain works. Indeed, users will never see even a single page of an in?copyright book scanned as part of the Library Project.

Download pdf The Google Library Project: Both Sides of the Story